In Florida, a landlord can evict a tenant for violations of the lease agreement other than non-payment of rent. There are two types of violations, curable and incurable; both require a written Seven (7) Day Notice of intent to terminate the lease from the landlord to the tenant (see Florida Statutes 83.56).
Curable Violations of the Lease
If a tenant commits curable violations by failing to comply with Florida Statutes 83.52 or material provisions of a residential rental agreement the landlord may deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof. (see Florida Statutes 83.56)(2)(b). Examples of curable violations include: having unauthorized pets on the property, failure to maintain the property in a reasonable manner, including air conditioning and other appliances, and failure to remove garbage from the property. The notice must be written and state the specific conditions that violate the lease agreement.
If the tenant does not remedy the breaches of the lease agreement, or vacate the property, within those seven days the landlord may evict the tenant. However, if the tenant does not remedy the breaches of the lease agreement, and the landlord accepts rent after the seven day period has expired, the landlord waives his or her right to terminate the lease agreement for that period, but not for any continuing violations. If the tenant does remedy the breaches within the seven day period, but the same or similar breaches occur within 12 months the landlord may evict the tenant at that time without giving further notice to the tenant.
Incurable Violations of the Lease
If a tenant commits incurable violations the landlord may terminate the lease by giving Seven (7) Day Notice of Termination of the lease agreement to the tenant. This notice must state that the lease is immediately terminated and that the tenant has seven days to vacate the property. Incurable violations include damage or destruction to the property or a continued unreasonable disturbance. Once the seven day notice period has expired, if the tenant has not vacated the property, the landlord may evict the tenant.
Are you a Landlord in Boynton Beach that has problem Tenant? No problem. Call your experienced Boynton Beach Evictions Lawyers @ the Law Office of Ryan S. Shipp, PLLC today @ 561.699.0399 to see how we can assist. We are located in Lantana, Florida. We serve South Florida.
